BACK TO SECTIONS(2016) 7 SCC 221
BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE
Original Text
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Simplified
Section 500 provided the penalty for the offence defined in Section 499. The BNS (Section 356) has modified this by introducing 'Community Service' as an alternative punishment for the first time in Indian criminal law for defamation cases — a recognition that short jail terms for minor defamation cases are disproportionate and counterproductive. Community service under BNS 356 is available alongside imprisonment and fine as judicial options.
Legal Evolution
Section 500 prescribes punishment for defamation as defined in the elaborate ten-explanation framework of Section 499. The two-year maximum with fine reflects the IPC drafters' view of defamation as a serious but primarily private wrong. The provision has been persistently controversial — critics argue its criminal nature enables harassment of journalists and critics, while defenders emphasize the absence of truth in a free press context as justification. Repeated attempts at decriminalization have not succeeded.
Landmark Precedents
Subramanian Swamy v. Union of India (2016)
RELEVANCE
Supreme Court upheld the constitutional validity of Sections 499/500 — criminal defamation is a reasonable restriction on free speech; the right to reputation under Article 21 justifies it.
Practical Scenarios
"Being sentenced to a fine and community service for publishing a defamatory pamphlet under BNS 356."
Common Queries
Yes — criminal defamation is a bailable and non-cognizable offence.